Petition for Modification of Application of an Existing Mandatory Safety Standard, 40081-40082 [2021-15827]
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Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
specific requirements of any statute,
Executive Order, or other law governing
the composition of a particular
Committee. If a conflict arises, the
specific statute, Executive Order, or
other law will govern.
9. Redelegation of Authority. Except
as otherwise provided by law, all
authorities delegated in this Order may
be redelegated to serve the purposes of
this Order.
10. Effective Date. This Order is
effective immediately.
Signed in Washington, DC, this 16th day of
July, 2021.
Martin J. Walsh,
Secretary of Labor.
[FR Doc. 2021–15826 Filed 7–23–21; 8:45 am]
BILLING CODE P
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application
of an Existing Mandatory Safety
Standard
Mine Safety and Health
Administration, Labor.
ACTION: Notice.
AGENCY:
This notice includes the
summary of a petition for modification
submitted to the Mine Safety and Health
Administration (MSHA) by the party
listed below.
DATES: All comments on the petition
must be received by MSHA’s Office of
Standards, Regulations, and Variances
on or before August 25, 2021.
ADDRESSES: You may submit your
comments including the docket number
of the petition by any of the following
methods:
1. Electronic Mail: zzMSHAcomments@dol.gov. Include the docket
number of the petition in the subject
line of the message.
2. Facsimile: 202–693–9441.
3. Regular Mail or Hand Delivery:
MSHA, Office of Standards,
Regulations, and Variances, 201 12th
Street South, Suite 4E401, Arlington,
Virginia 22202–5452, Attention: Jessica
D. Senk, Director, Office of Standards,
Regulations, and Variances. Persons
delivering documents are required to
check in at the receptionist’s desk in
Suite 4E401. Individuals may inspect
copies of the petition and comments
during normal business hours at the
address listed above.
MSHA will consider only comments
postmarked by the U.S. Postal Service or
proof of delivery from another delivery
service such as UPS or Federal Express
on or before the deadline for comments.
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FOR FURTHER INFORMATION CONTACT:
Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202–693–
9440 (voice), Senk.Jessica@dol.gov
(email), or 202–693–9441 (facsimile).
[These are not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section
101(c) of the Federal Mine Safety and
Health Act of 1977 and Title 30 of the
Code of Federal Regulations (CFR) part
44 govern the application, processing,
and disposition of petitions for
modification.
I. Background
Section 101(c) of the Federal Mine
Safety and Health Act of 1977 (Mine
Act) allows the mine operator or
representative of miners to file a
petition to modify the application of any
mandatory safety standard to a coal or
other mine if the Secretary of Labor
determines that:
1. An alternative method of achieving
the result of such standard exists which
will at all times guarantee no less than
the same measure of protection afforded
the miners of such mine by such
standard; or
2. The application of such standard to
such mine will result in a diminution of
safety to the miners in such mine.
In addition, sections 44.10 and 44.11
of 30 CFR establish the requirements for
filing petitions for modification.
II. Petition for Modification
Docket Number: M–2021–025–C.
Petitioner: Wolf Run Mining
Company, 21550 Barbour County
Highway, Philippi, West Virginia (Zip
26416).
Mine: Leer South Mine, MSHA ID No.
46–04168, located in Barbour County,
West Virginia.
Regulation Affected: 30 CFR
75.1904(b)(6) (Underground diesel fuel
tanks and safety cans).
Modification Request: The petitioner
requests a modification of the existing
standard to permit the use of Brookville
locomotive diesel motor in a dual role
as a motor/diesel fuel transportation
unit. The petitioner proposes an
alternative method of complying with
the requirement for a shut-off valve in
the locomotive motor’s fuel return line
(a connection between the engine and
fuel tank through which fuel flows
when the engine is running).
The petitioner states that the return
line is unrelated to fuel dispensing, and
that therefore a shutoff valve on this line
is not necessary. Using a shutoff valve
on the return line could cause engine
damage and an over-fueling condition,
due to the fuel not being able to return
to the locomotive’s fuel tank. This overfueling condition would increase
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Fmt 4703
Sfmt 4703
40081
harmful exhaust emissions such as
carbon monoxide, and would therefore
create a health risk to locomotive
operators and miners in the affected
area.
The petitioner proposes the following
alternative method:
(a) The Brookville diesel motor has
been equipped with a fuel tank
constructed of 1⁄4 inch steel plates that
is designed to serve as both the motor’s
fuel tank and fuel dispensing tank. The
tank is equipped with a pump that can
only dispense 50 percent of the tank’s
capacity, in order to ensure that the
motor’s fuel supply cannot be
completely depleted.
(b) During the fueling process, the
motor’s engine will be shut off, which
eliminates unnecessary idling. The 8gallons per minute fuel dispensing
pump will operate utilizing a separate
battery power source that has been
added to the motor.
(c) The fuel dispensing hose is a 50foot hose with a no latch open device
and a self-closing valve. A power supply
switch is located at the pump’s nozzle
storage bracket, and an emergency shutoff switch is located above the fuel tank.
The emergency switch is protected by a
cover, so that the switch is in the off
position anytime the cover is closed.
(d) The following fueling procedures
have been developed and posted above
the fuel tank.
• Make sure fueling sign is hung.
• Inspect fire extinguishers prior to
beginning the fueling process.
• Ensure fire extinguishers are
located out-by the fueling point.
• Verify fuel hose, equipment, etc. are
in good working condition.
• Test for methane in the atmosphere.
• Check for potential ignition sources
and other hazards in the area.
• Notify the mine dispatcher before
starting.
• Unlock and open the emergency
switch.
• Check for any spills after the fueling
is complete.
• Shut off the emergency switch and
close locked cover.
• Notify the mine dispatcher after
completion.
(e) The tank is equipped with a 4 inch
vent designed to open at a pressure not
to exceed 2.5 pounds per square inch,
as required by 75.1904(b).
(f) Tank openings are marked and the
tank, fittings and components are
pressure-tested.
(g) The pump dispensing line is
equipped with a manual shut off valve
that serves as anti-siphoning device as
required under 75.1905(b)(iii).
(h) Additional fire suppression and
detection are installed to ensure that the
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40082
Federal Register / Vol. 86, No. 140 / Monday, July 26, 2021 / Notices
system meets all the requirements of
75.1911(b).
(i) At no time, the motor will be
operated unattended, in accordance
with 75.1916(e).
(j) Within 60 days after the Proposed
Decision and Order (PDO) becomes
final, the petitioner will submit
proposed revisions for its approved part
48 training plan to the DM. The
proposed revisions will include initial
and refresher training regarding
compliance with the terms and
conditions of the PDO.
The petitioner asserts that the
alternate method proposed will at all
times guarantee no less than the same
measure of protection afforded the
miners under the mandatory standard.
Jessica D. Senk,
Director, Office of Standards, Regulations,
and Variances.
[FR Doc. 2021–15827 Filed 7–23–21; 8:45 am]
BILLING CODE 4520–43–P
DEPARTMENT OF LABOR
Occupational Safety and Health
Administration
[Docket No. OSHA–2012–0017]
Reports of Injuries to Employees
Operating Mechanical Power Presses;
Extension of the Office of Management
and Budget’s (OMB) Approval of an
Information Collection (Paperwork)
Requirements
Occupational Safety and Health
Administration (OSHA), Labor.
ACTION: Request for public comments.
AGENCY:
OSHA solicits public
comments concerning the proposal to
extend the Office of Management and
Budget’s (OMB) approval of the
information collection requirements
specified in the Standard on Reports of
Injuries to Employees Operating
Mechanical Power Presses.
DATES: Comments must be submitted
(postmarked, sent, or received) by
September 24, 2021.
ADDRESSES:
Electronically: You may submit
comments, including attachments,
electronically at https://
www.regulations.gov, the Federal
eRulemaking Portal. Follow the
instructions online for submitting
comments.
Docket: To read or download
comments or other material in the
docket, go to https://
www.regulations.gov. Documents in the
docket are listed in the https://
www.regulations.gov index; however,
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Jkt 253001
some information (e.g., copyrighted
material) is not publicly available to
read or download through the website.
All submissions, including copyrighted
material, are available for inspection
through the OSHA Docket Office.
Contact the OSHA Docket Office for
assistance in locating docket
submissions.
Instructions: All submissions must
include the agency name and the OSHA
docket number for this Federal Register
notice (OSHA–2012–0017). OSHA will
place comments and requests to speak,
including personal information, in the
public docket, which may be available
online. Therefore, OSHA cautions
interested parties about submitting
personal information such as Social
Security numbers and birthdates. For
further information on submitting
comments, see the ‘‘Public
Participation’’ heading in the section of
this notice titled SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Theda Kenney or Seleda Perryman,
Directorate of Standards and Guidance,
OSHA, U.S. Department of Labor,
telephone (202) 693–2222.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of Labor, as part of
the continuing effort to reduce
paperwork and respondent (i.e.,
employer) burden, conducts a
preclearance consultation program to
provide the public with an opportunity
to comment on proposed and
continuing information collection
requirements in accordance with the
Paperwork Reduction Act of 1995
(PRA–95) (44 U.S.C. 3506(c)(2)(A)). This
program ensures that information is in
the desired format, reporting burden
(time and costs) is minimal, collection
instruments are clearly understood, and
OSHA’s estimate of the information
collection burden is accurate. The
Occupational Safety and Health Act of
1970 (OSH Act) (29 U.S.C. 651 et seq.)
authorizes information collection by
employers as necessary or appropriate
for enforcement of the Act or for
developing information regarding the
causes and prevention of occupational
injuries, illnesses, and accidents (29
U.S.C. 657). The OSH Act also requires
that OSHA obtain such information
with minimum burden upon employers,
especially those operating small
businesses, and to reduce to the
maximum extent feasible unnecessary
duplication of efforts in obtaining
information (29 U.S.C. 657).
In the event that a worker is injured
while operating a mechanical power
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press, 29 CFR 1910.217(g) requires the
employer to report, within 30 days of
the occurrence, all point-of-operation
injuries to the operators or other
employees to either the Director of the
Directorate of Standards and Guidance
at OSHA, U.S. Department of Labor,
Washington, DC 20210 or electronically
at https://www.osha.gov/pls/oshaweb/
mechanical.html; or to the State agency
administering a plan approved by the
Assistant Secretary of Labor for
Occupational Safety and Health. This
information includes the employer’s
and worker’s name(s), workplace
address and location; injury sustained;
task being performed when the injury
occurred; number of operators required
for the operation and the number of
operators provided with controls and
safeguards; cause of the incident; type of
clutch, safeguard(s), and feeding
method(s) used; and means used to
actuate the press stroke. These reports
are a source of up-to-date information
on power press machines. Specifically,
this information identifies the
equipment used and conditions
associated with these injuries.
OSHA’s Mechanical Power Press
injury reporting requirement at
1910.217(g) is a separate injury
reporting requirement from OSHA’s
severe injury reporting requirements
which are part of 1904.39. Under
1904.39, employers must, within 24
hours, report to OSHA any work-related
injury requiring hospitalization as well
as work-related incidents resulting in an
amputation or loss of an eye. The
Mechanical Power Press Standard
requires employers to report all injuries
involving operation of a power press to
OSHA or an appropriate state agency
within 30 days. Injuries that must be
reported under 1910.217(g) include
those that are also reportable under
1904.39 as well as those that are
recordable under the recordkeeping
standard (29 CFR 1904).
II. Special Issues for Comment
OSHA has a particular interest in
comments on the following issues:
• Whether the proposed information
collection requirements are necessary
for the proper performance of the
agency’s functions, including whether
the information is useful;
• The accuracy of OSHA’s estimate of
the burden (time and costs) of the
information collection requirements,
including the validity of the
methodology and assumptions used;
• The quality, utility, and clarity of
the information collected; and
• Ways to minimize the burden on
employers who must comply. For
example, by using automated or other
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]]>Agencies
[Federal Register Volume 86, Number 140 (Monday, July 26, 2021)]
[Notices]
[Pages 40081-40082]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-15827]
-----------------------------------------------------------------------
DEPARTMENT OF LABOR
Mine Safety and Health Administration
Petition for Modification of Application of an Existing Mandatory
Safety Standard
AGENCY: Mine Safety and Health Administration, Labor.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice includes the summary of a petition for
modification submitted to the Mine Safety and Health Administration
(MSHA) by the party listed below.
DATES: All comments on the petition must be received by MSHA's Office
of Standards, Regulations, and Variances on or before August 25, 2021.
ADDRESSES: You may submit your comments including the docket number of
the petition by any of the following methods:
1. Electronic Mail: [email protected]. Include the docket
number of the petition in the subject line of the message.
2. Facsimile: 202-693-9441.
3. Regular Mail or Hand Delivery: MSHA, Office of Standards,
Regulations, and Variances, 201 12th Street South, Suite 4E401,
Arlington, Virginia 22202-5452, Attention: Jessica D. Senk, Director,
Office of Standards, Regulations, and Variances. Persons delivering
documents are required to check in at the receptionist's desk in Suite
4E401. Individuals may inspect copies of the petition and comments
during normal business hours at the address listed above.
MSHA will consider only comments postmarked by the U.S. Postal
Service or proof of delivery from another delivery service such as UPS
or Federal Express on or before the deadline for comments.
FOR FURTHER INFORMATION CONTACT: Jessica D. Senk, Office of Standards,
Regulations, and Variances at 202-693-9440 (voice),
[email protected] (email), or 202-693-9441 (facsimile). [These are
not toll-free numbers.]
SUPPLEMENTARY INFORMATION: Section 101(c) of the Federal Mine Safety
and Health Act of 1977 and Title 30 of the Code of Federal Regulations
(CFR) part 44 govern the application, processing, and disposition of
petitions for modification.
I. Background
Section 101(c) of the Federal Mine Safety and Health Act of 1977
(Mine Act) allows the mine operator or representative of miners to file
a petition to modify the application of any mandatory safety standard
to a coal or other mine if the Secretary of Labor determines that:
1. An alternative method of achieving the result of such standard
exists which will at all times guarantee no less than the same measure
of protection afforded the miners of such mine by such standard; or
2. The application of such standard to such mine will result in a
diminution of safety to the miners in such mine.
In addition, sections 44.10 and 44.11 of 30 CFR establish the
requirements for filing petitions for modification.
II. Petition for Modification
Docket Number: M-2021-025-C.
Petitioner: Wolf Run Mining Company, 21550 Barbour County Highway,
Philippi, West Virginia (Zip 26416).
Mine: Leer South Mine, MSHA ID No. 46-04168, located in Barbour
County, West Virginia.
Regulation Affected: 30 CFR 75.1904(b)(6) (Underground diesel fuel
tanks and safety cans).
Modification Request: The petitioner requests a modification of the
existing standard to permit the use of Brookville locomotive diesel
motor in a dual role as a motor/diesel fuel transportation unit. The
petitioner proposes an alternative method of complying with the
requirement for a shut-off valve in the locomotive motor's fuel return
line (a connection between the engine and fuel tank through which fuel
flows when the engine is running).
The petitioner states that the return line is unrelated to fuel
dispensing, and that therefore a shutoff valve on this line is not
necessary. Using a shutoff valve on the return line could cause engine
damage and an over-fueling condition, due to the fuel not being able to
return to the locomotive's fuel tank. This over-fueling condition would
increase harmful exhaust emissions such as carbon monoxide, and would
therefore create a health risk to locomotive operators and miners in
the affected area.
The petitioner proposes the following alternative method:
(a) The Brookville diesel motor has been equipped with a fuel tank
constructed of \1/4\ inch steel plates that is designed to serve as
both the motor's fuel tank and fuel dispensing tank. The tank is
equipped with a pump that can only dispense 50 percent of the tank's
capacity, in order to ensure that the motor's fuel supply cannot be
completely depleted.
(b) During the fueling process, the motor's engine will be shut
off, which eliminates unnecessary idling. The 8-gallons per minute fuel
dispensing pump will operate utilizing a separate battery power source
that has been added to the motor.
(c) The fuel dispensing hose is a 50-foot hose with a no latch open
device and a self-closing valve. A power supply switch is located at
the pump's nozzle storage bracket, and an emergency shut-off switch is
located above the fuel tank. The emergency switch is protected by a
cover, so that the switch is in the off position anytime the cover is
closed.
(d) The following fueling procedures have been developed and posted
above the fuel tank.
Make sure fueling sign is hung.
Inspect fire extinguishers prior to beginning the fueling
process.
Ensure fire extinguishers are located out-by the fueling
point.
Verify fuel hose, equipment, etc. are in good working
condition.
Test for methane in the atmosphere.
Check for potential ignition sources and other hazards in
the area.
Notify the mine dispatcher before starting.
Unlock and open the emergency switch.
Check for any spills after the fueling is complete.
Shut off the emergency switch and close locked cover.
Notify the mine dispatcher after completion.
(e) The tank is equipped with a 4 inch vent designed to open at a
pressure not to exceed 2.5 pounds per square inch, as required by
75.1904(b).
(f) Tank openings are marked and the tank, fittings and components
are pressure-tested.
(g) The pump dispensing line is equipped with a manual shut off
valve that serves as anti-siphoning device as required under
75.1905(b)(iii).
(h) Additional fire suppression and detection are installed to
ensure that the
[[Page 40082]]
system meets all the requirements of 75.1911(b).
(i) At no time, the motor will be operated unattended, in
accordance with 75.1916(e).
(j) Within 60 days after the Proposed Decision and Order (PDO)
becomes final, the petitioner will submit proposed revisions for its
approved part 48 training plan to the DM. The proposed revisions will
include initial and refresher training regarding compliance with the
terms and conditions of the PDO.
The petitioner asserts that the alternate method proposed will at
all times guarantee no less than the same measure of protection
afforded the miners under the mandatory standard.
Jessica D. Senk,
Director, Office of Standards, Regulations, and Variances.
[FR Doc. 2021-15827 Filed 7-23-21; 8:45 am]
BILLING CODE 4520-43-P
